UnThreaded | Threaded | Whole Thread (5) | Ignore Thread Prev Thread | Prev | Next | Next Thread
Author: Fuskie Big funky green star, 20000 posts Top Favorite Fools Old School Fool Ticker Guide SC1 Red Winner of the 2010 Rule Breakers Challenge Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 308881  
Subject: Re: Help with a Credit Collection Agency Date: 12/30/2013 12:05 PM
Post New | Post Reply | Reply Later | Create Poll Report this Post | Recommend it!
Recommendations: 4
YOU don't have to prove anything. It is the debt collection agency that is required to prove to you that you owe the debt. If it is from 2005, the statute of limitations may have run out so that you can't be sued for it, so any threats of legal action are probably empty. Have you checked your credit report to see if this debt has been reported? If not, that should be your first step.

You have 2 options - you can pay the money if you feel you may in fact owe it, or you can make the debt collector prove you owe the debt. Without direct evidence, you will have to decide whether their proof is sufficient. And then you will have to decide whether you want to honor it or leave the collector hanging on the statute of limitations.

From ClarkHoward.com:

f you legitimately owe a debt, you have specific rights under federal law. Here are a few pointers to keep in mind when dealing with collectors:

- Always record any calls from/to a collector.

- If your debt is outside the statute of limitations, you are not required to pay up. However, you should honor your obligations when you're financially able to do so.

- You have the right to tell a collector never to contact you again. Use a drop dead letter and send it via certified mail. You can still, however, be sued against the debt even after sending this letter.

- If you legitimately owe money and wish to make a deal to pay, never give a collector your checking account number over the phone. Collectors routinely take more money than they say they'll take.

- Never pay one cent until you have an agreement in writing stating your payment(s) will resolve the debt in full.

http://www.clarkhoward.com/news/clark-howard/consumer-issues...

Here is an example of a simple drop-dead letter:

http://www.clarkhoward.com/news/clark-howard/consumer-issues...

You can look up your state's statute of limitation law here:

http://www.fair-debt-collection.com/SOL-by-State.html

Fuskie
Who notes this may very well be a scavenger debt collection (http://www.clarkhoward.com/news/clark-howard/consumer-issues...) so you should protect yourself accordingly...
Post New | Post Reply | Reply Later | Create Poll Report this Post | Recommend it!
Print the post  
UnThreaded | Threaded | Whole Thread (5) | Ignore Thread Prev Thread | Prev | Next | Next Thread

Announcements

TMF Credit Center
The Motley Fool Credit Center arms you with real tools and simple messages, that will help you in every credit situation.
Pencils of Promise - Back to School Drive
"Pencils of Promise works with communities across the globe to build schools and create programs that provide education opportunities for children."
Post of the Day:
Macro Economics

Russia Collapsing Again?
What was Your Dumbest Investment?
Share it with us -- and learn from others' stories of flubs.
When Life Gives You Lemons
We all have had hardships and made poor decisions. The important thing is how we respond and grow. Read the story of a Fool who started from nothing, and looks to gain everything.
Community Home
Speak Your Mind, Start Your Blog, Rate Your Stocks

Community Team Fools - who are those TMF's?
Contact Us
Contact Customer Service and other Fool departments here.
Work for Fools?
Winner of the Washingtonian great places to work, and "#1 Media Company to Work For" (BusinessInsider 2011)! Have access to all of TMF's online and email products for FREE, and be paid for your contributions to TMF! Click the link and start your Fool career.
Advertisement